I’ve valid visa till Aug 2019 from Employer A.
I’ve transferred H1B to new Employer on Oct 2018 and case was approved valid till Dec 31st 2018. (I94 valid till Jan 10 2019)
Again New employer filed extension in Jan 25th 2019 after paperwork.
extension is approved but notified to Hyderabad consulate.
Question 1. Am I out of status in Jan 2019?
2. What kind questions may occur at visa stamping time?
3. Do I really to go for stamping?
4. If I come to USA without stamping(Company A stamping), will POE update my I94 based on latest I797?
Your application has been approved with consular processing because it was filed after your i94 expired.
You will have to go out of US and get H1B visa stamping.
If you already have a valid H1B stamp, you can re-enter USA using that stamp and show your new approved i797 to get longer i797.
Your time after your i94 expired is counted as “Unlawful presence”.
thank you Anil, If I go to visa stamping, is there any issue?
do you think, I may get 221g?
I’m leaving USA by tomorrow. I’m planning to stamp on Thursday.
From Jan 25th, I got receipt number after that I started work.
What kind of questions may ask by VO?
I hear that there is 60 days grace period, is it right?
Nobody can guess if you will get form 221(g) or not.
VO can ask anything about your job and Employer. Be prepared.
60 day grace period is only applicable if Employer terminates your employment while your H1B was valid.
@Anil.Gupta which is the best case in my scenario?
- stamp it and come back
- comeback USA without stamping (stamping still valid till Aug 2019)
Discuss it with your Employer attorney to know the risks and then take decision.
As per my opinion, you can do (2).
I’ve discussed with Employer and Attorney. They suggested me to go India and stamp it and come back.
if they ask questions at POE, there is no chance to get in.
- I’m planning to go stamping on March 14th. Will they question about out of status? My attorney created petition based on “nun pro tunc”.
- What kind of questions may ask based on your knowledge for my scenario?
Wow… this is new information now.
You never mentioned about Nunc Tunc Pro earlier.
You should understand that it is important to tell all facts about your case to get a reliable answer.
Otherwise the answers you get will not be of any use and will contradict with what your attorney says because attorney knows in and out of your case which you have not disclosed on forum.
I agree with your attorney now that you should file for new H1B stamp after NTP.